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Singhvi in Catch-22 situation: If Singhvi claims right to privacy (in this case),he will he would have to admit the contents of the clip was correct.

Video clippings allegedly featuring Senior Advocate and former Congress Spokesperson, Abhishek Manu Singhvi has quite literally been all over the internet. Although Singhvi was quick in securing an ex parte injunction from the Delhi High Court against three media houses who were in possession of the CD, by then the damage had already been done with the video going viral on the internet.

says, Apar Gupta, Partner at Advani & Co, a reputed law firm. He said in an interview given to Bar & Bench (http://www.barandbench.com), a legal matters related website that,

“… the Delhi High Court granted an interim injunction against the driver who captured and morphed the footage.., and some television news broadcasters ( Aaj Tak, Headlines Today and the India Today Group). The interim injunction was not a John Doe injunction and would not have been applicable against any other parties except the ones, which were named as defendants in the suit…”

Pranesh Prakash of Centre of Internet and Society, another legal expert in these matters opined that:

“…. sites such as YouTube are not broadcasting sites, rather they are being used to broadcast. This distinction, which is not important when it comes to television, is critical when it comes to user-uploaded content and user-generated content. Given that there are thousands of video-sharing websites, there is no way of ensuring that all of them comply with an Indian court order. “

Asked whether public figures have a right to privacy, Apar Gupta said:

“…If (in Singhvi’s case) privacy would have been claimed, Dr. Singhvi would have been in a unique catch-22 where to claim privacy he would have to admit the contents of the clip (if not the clip in its entirety) was correct. Hence, defamation is an easier ground where he can claim the clip was morphed and hence untrue….”

Can Abhishek Manu Singhvi file a case of defamation against the social media websites for posting the contents of the CD on their websites, Apar gupta says:

” ….Social media websites are only a platform. The case would be on firm legal footing if he gave notice to the social media websites as to the precise URL which contained the defamatory contents and they failed to act within 36 hours to take it down as per the Information Technology (Intermediaries Guidelines) Rules, 2011. I would also anticipate that if such a case was filed, social media websites would plead innocent dissemination as a defense.”

To the same question Pranesh Prakash says:

Again, I must clarify that social media websites have not posted the contents of the CD on their websites. Users of social media websites have done so.Should Mr. Singhvi be able to? The answer, I believe, should depend on whether the social media platforms were informed about the conduct of unlawful activity on their platforms and still chose not to remove it. The determination of unlawful activity should ideally be from a court. This, I believe is the correct interpretation of Section 79(3) of the IT Act, which deals with intermediary liability.

YOU HAVE seen Tajinder Pal Singh Bagga earlier on TV, when he manhandled the Supreme Court lawyer and Team Anna member Prashant Bhusan last year in his chamber. Bagga is at it again. This time he has uploaded Abhishek Manu Singhvi‘s sex CD on a social networking site. ‘If sex CDs and clippings of N D Tiwari, Swami Nityanand and porn viewings of Karnataka MLAs can be aired by the media and uploaded on social networking sites, what is so different with this particular sex CD?’ he asks. In an exclusive interview with Siddheshwar Shukla, Millenium Post he says:

that he has every right to upload the clipping and people have the right to the ‘naked truth’.

Excerpts: The sex CD/clippings of Congress spokesperson Abhishek Manu Singhvi is on a social networking site with your photograph. Is it your profile? Have you uploaded the clippings?

Tajinder Pal Singh Bagga: Yes, I have uploaded the clippings on the social networking site Twitvid.

How did you obtain the clipping?

It was uploaded on YouTube for a short while at around 9 pm on Thursday. I knew it will be deactivated, so I started downloading it immediately. It was deactivated in less than 10 minutes, but by then I had downloaded it on my PC. The clippings were uploaded by several members on YouTube but deactivated soon after. So, I decided to upload it on a new social networking site.

The court has put an injunction. Don’t you think it’s a violation of the court order?

I think I am well within my rights to upload the clippings. I have neither violated the court order nor engaged in any anti-national activity. The court has banned it for the media, not for the common man to view it. Also, hundreds of anti-India clippings containing anti-national slogans, terrorist activities, anti- national campaigns are on the you tube, but the government is not concerned about it. So why so much hue and cry on this sex CD? In my opinion, it should be left on the people to decide what is wrong and what is right?

What if court takes action against you?

I will put my view before the court. I am ready to face whatever action the court or any authority takes against me. But why is the Congress party hell bent to ban the CD and clippings. If sex CDs of N D Tiwari, Swami Nityanand and porn viewings of Karnataka MLAs can be aired by media and uploaded on television channels, why not this CD ? Why does the Congress want to bury the truth? The party which was instrumental in other sex clippings cases has suddenly become shy to talk about the sex CD of Singhvi. The truth must come before the people.

How do you see the entire episode of Singhvi’s sex CD?

It’s a shame for our country. A person sitting on such crucial position is engaged in such sleazy acts, that too in his office. The response of the Congress party is equally shameful, in stead of taking action they are defending Singhvi and asking him to go in hiding for some time. It’s the same party that has taken action against N D Tiwari sex CD case and was very instrumental in demanding action against Swami Nityanand and porn viewings of Karnataka MLAs in the assembly. The ban on CD is actually a gag order on the media.

Don’t you think your life could be in danger?

I am not afraid of anybody. I do what I think is right. I have done nothing wrong. The clippings reveal what Singhvi had done. If he is in the right, he must come forward to face the public. Ban is not a solution. If he is wrong he must step down. Such people don’t have right to hold public posts. They can’t be role model for youth, neither guide the nation. I will keep on exposing such persons and highlighting issues in days to come.

Yesterday, Twitter the micro-blogging site was riot with tweets on senior Congress leader Abhishek Manu Singhvi’s ‘sexcapades’. Twitter was replete with sex based limericks featuring Abhishek Manu Singhvi and his partner, a lady lawyer. Yes, the same Abhishek Manu Singhvi who uttered the immortal words, with reference to Karnataka Legislative Assembly Porngate issue, “This is the real chaal, charitra & chehra of BJP”.

The circumstances that led to a ‘Twitter ball’ in Singhvi’s name, was the leak of an alleged porn tape, with spotlights on the sexually consenting duo. However media treated the matter rather insipidly, with brief mentions tucked away in some remote section. The inevitable ingredient when it came to covering any such instance was conspicuously missing: sensationalism. Yes, the very same sensationalism that took Nityananda to an eternal ‘Hall of Notoriety’.

Reviving the episode of Nityananda, a self styled godman, whose bedroom flings with a well known South Indian actress were caught on camera. The issue ruled the media roost for aeons together. News readers and panelists screeched the matter day and night, with varying shades of judgement being passed. Media pronounced that Nityananda was a culprit, way before the Indian judiciary did so. He was nailed mercilessly in unimaginable ways.

Isn’t the issue regarding Singhvi just the same? To be blunt, Singhvi, just like NItyananda was involved in an alleged act of ‘secret’ sex, which was caught on camera. But in the case of Singhvi, the media protected him and covered up the matter brilliantly by giving him just a passing reference. There was no onslaught and the issue was hastily swept under the carpet.

All that we heard about the ‘Singhvi sexcapade’ was the involvement of a hapless driver, who was supposed to have served his master for years together, who left service without any notice for reasons of personal grudge and whose apparent idea of revenge was gluing his master in nothing less than a ‘sexcapade’! The story appears to be anything but credulous. Not even the most uncreative director from Bollywood will have a similar plot for a thriller movie: Manish Kumar Lal, the irate driver of Abhishek Manu Singhvi divorced himself from his master of many years without any notice. The reason: the masters’ dogs sank their teeth into the driver’s pregnant wife and with the baby born handicapped, the driver nursed vengeance against Singhvi. Added to this happens to be an allegation that his monthly payment was not upto the mark. A perfect plot for revenge to brew up in the driver’s mind. And with Nemeses working so well, the man resorted to porn as ultimate form of retribution.

In a desperate bid to cover up reality and truth, the scripted drama was given publicity. Adding to this was the prop of a hastily procured Delhi HC directive forbidding the circulation/ telecast/ broadcast of the sex CD.

And so, media gave its final verdict: “All is well”.

However, the real story seems to lie elsewhere, with reports elaborated by Daily Bhaskar. A probe was done by them into whether the Congress spokesperson had a consensual sex with the lady lawyer or did he have sex in return of any ‘favour’. The probe led to assertions made by a Delhi-based lawyer Swaty Singh Malik, who revealed quantum about the episode through her tweets. Her tweets hinted that “the Congress leader had consensual sex with a lady lawyer who is in her mid 40s”. Reproducing hitherto from Daily Bhaskar:

A Delhi-based lawyer claimed on Twitter to have known the details about the alleged CD. Her tweets hinted that the Congress leader had consensual sex with a lady lawyer who is in her mid 40s.

“@shilpitewari i know the female. She was not exploited.She s vinfluential even otherwise. Happened in his office. She is about 45-50yrs old,” tweeted Delhi-based lawyer Swaty Singh Malik.

Her comments followed the tweets: “@shilpitewari it has to be consensual or else he can much better/younger girls if he wants to exploit.”

The lawyer also mentioned that the lady in the CD too is very rich and influential and that so did not have sex with Singhvi in return of some favour.

Notably, Singhvi had alleged that the CD was “forged, concocted, morphed and fabricated”.

Here are a few tweets on Swati Singh Malik’s wall on the ‘objectional CD’ of Singhvi.

Swaty Singh Malik ‏ @SwatySMalik: “@DKMahant heard about it in the morning and was disgusted ! Feel bas for the lady lawyer being dragged in!

Swaty Singh Malik ‏ @SwatySMalik: “@shilpitewari i know the female. She was not exploited.She s vinfluential even otherwise. Happened in his office. She is about 45-50yrs old.”

Swaty Singh Malik ‏ @SwatySMalik: “@shilpitewari I assume you know her too. I do not agree that they had sex just for judgeship. U think it’s that simple to become a judge?NO!”

Swaty Singh Malik ‏ @SwatySMalik: “@shilpitewari it has to be consensual or else he can much better/younger girls if he wants to exploit.”

Swaty Singh Malik ‏ @SwatySMalik: “@Simblee what’ve know is that thy didn’t record it .. A staff member did and then blackmailed him.”

Swaty Singh Malik ‏ @SwatySMalik: “@SwarupKS see she too is v rich and v influential also has a great legal practice. So sex only for favour is unlikely.”

Unfortunately, strangely and as expected, many of the tweets made by Swaty Singh Malik have ‘disappeared’ from Twitter timeline. However, here are some of the crucial ones that remain as evidence, as they were retweeted by others. The very fact that the tweets stand missing sing the song “Something- is- fishy-la- la- la”……..

Now from the side of the audience, the citizens who witnessed the scripted drama a few questions stand uncleared. Usually the hounding media sleuths takes care of these issues. But since they suffered from a rare version of amnesia and forgot to swoop down on the issue and grant any kind of coverage to the same, the audience stands lost.

Dear media, the very questions that you ask and the very answers you furnish to those, yourself are listed below. Care to give us answer?

Was the driver so tech savvy that he was skilled in morphing, leading to creation of porn? Why then was he working as a driver, without trying his hand in the IT scenario?

It appears that the driver is person of speculations. In that case, why did he not file a case and seek a claim when the dog bite episode took place?

Isn’t he a psychopath, to think of revenge in such extreme terms, considering the fact that extortion, kidnap, poisoning are other plausible ways?

And if so, Singhvi, a reputed lawyer and an evident smart alec as seen by his stock of repartee widely publicized on news channels did not ever discern that his driver happens to be a psycopath?

Breaking now on CNN IBN: Abhishek Manu Singhvi ‘opts out’ of cong party briefings. Claims he is ‘unwell’.

Now, looking at tweets made by Raja of IBN Live, isn’t it surprising that the hounding media willingly kept away from Singhvi, letting the ‘depressed soul’ some ‘rest’, given other occasions they have been known to shadow and stalk any ‘hapless victim/ prey’?

Like everyone who watched, read and partook in the screening of the ‘Singhvi Sexcapade’ drama, I too am inclined to give my verdict. There is a tweet i found striking. Will go by the same, support it and declare my verdict: Singhvi is guilty!!